Posted by LaShon James-Major on 7/12/06 7:26pm
Msg #132818

CA Ack Wording

I needed to notarized an acknowledgement from Nevada. There wording was not CA wording so I attached loose leaf ack but the NV still wanted me to fill out and stamp their ack and include the loose leafs with the paperwork. Are we allowed to fill out and stamp out-of-state ack or jurats?

Reply by Joe Ewing on 7/12/06 7:33pm
Msg #132820

Yes. Refer to California Civil Code 1189 (C)

Reply by DocumentDiva on 7/12/06 7:52pm
Msg #132824

Where am I to find this code?

Reply by DocumentDiva on 7/12/06 7:57pm
Msg #132826

Nevermind, I found it.

Reply by TitleGalCA on 7/12/06 9:41pm
Msg #132841

LaShon go to the handbook

Your question shows you are very uncertain about things that are covered there.

Reply by Jon on 7/12/06 11:15pm
Msg #132872

Only if it is REQUIRED in the other state. Unless you know that it is required, use the Ca ack.

Reply by CaliNotary on 7/12/06 11:31pm
Msg #132876

Not quite

If it's not a recordable document, you can't use the other state's wording no matter what they require or want. And if it is required, you better make sure you have the correct wording for THAT state.

I just always use CA wording. I'm not about to start researching notary law in other states when I can just attach an acknowledgement instead.

Reply by John_NorCal on 7/12/06 11:58pm
Msg #132881

Re: Not quite

Sec 1189 (c) says you MAY use another states acknowledgement providing it does not require you to make a representation as to capacity or any other action which is contrary to California law.

Reply by Jon on 7/13/06 1:32am
Msg #132886

Re: Not quite

"If it's not a recordable document, you can't use the other state's wording no matter what they require or want."

I disagree, Civil Code 1189(c) does not differentiate between "recordable" or "non-recordable" documents, it simply says "filed". Besides, how do we know if the document will be "filed" or not? For us to make that determination could be construed as UPL.

That said, I do exactly what you do, always use Ca wording. I don't have the time to figure out which states will allow an ack from other jurisdictions and which ones will not. If I use the Ca wording, I know that I will be in compliance with Ca law.

PS...I should also note that we can only use the out-of-state wording as long as it does not require us to make determinations not allowed by Ca law.

Reply by Kelly M Robertson on 7/13/06 10:17am
Msg #132950

John No Cal is Right

La Shon - when in doubt, I leave it out too and almost always use my CA all-purpose Ack. However, it's okay to use another state's verbiage IF YOu"RE SURE that you are not violating your state's laws and as in California. CAPACITY is a big no-no. You know you can call me today anytime to yak about this is you like. Hope business has been good for you!

Reply by Gerry_VT on 7/13/06 10:43am
Msg #132962

I'm not sure if this is how Jon meant it, but his post could be understood to mean only CA notaries should only out-of-state wording if the other state requires that wording and nothing else. I've never heard of a state that imposes its preferred wording on other states; I would think the CA wording on a document that is signed in CA would be accepted by every other state. If I'm right, then no other state REQUIRES wording different than the CA acknowledgement for a document signed in CA. Does anyone know of a case where CA wording would not be acceptable?

Reply by Jon on 7/13/06 9:54pm
Msg #133083

Gerry, you are understanding my post perfectly. I would also be interested to see if any other states would impose their wording on documents signed outside of their state. If not, then using wording other than what is required in Ca would be in violation of Ca law, at least for the Ca notary.

Reply by TitleGalCA on 7/13/06 10:25pm
Msg #133093

I agree as well

but to make the distinction as to "recordable" (in Calinotary's post) and "filed" is stretching the topic to its extreme, and only appropriate for an attorney and a judge, NOT a notary.

The terms "Filed" and "Recordable" are interchangeable. To be perfect in your understanding of out of state documents, you need to intrepret 1189(c) literally.